HOUSE BILL NO. 5711
April 16, 2020, Introduced by Rep. Iden and
referred to the Committee on Government Operations.
A bill to amend 1945 PA 302, entitled
"An act authorizing the governor to proclaim a state of emergency, and to prescribe the powers and duties of the governor with respect thereto; and to prescribe penalties,"
by amending section 1 (MCL 10.31), as amended by 2006 PA 546.
the people of the state of michigan enact:
Sec. 1. (1) During times of great public crisis,
disaster, rioting, catastrophe, or similar public emergency within the state,
or reasonable apprehension of immediate danger of a public emergency of that
kind, when public safety is imperiled, either upon application of the mayor of
a city, the sheriff of a
county, or the commissioner of the Michigan director of the department of state
police or upon his or her own volition, the governor may proclaim a state of
emergency and designate the area involved. After making the proclamation or
declaration, the governor may promulgate reasonable orders, rules, and
regulations as he or she considers necessary to protect life and property or to
bring the emergency situation within the affected area under control. Those orders, rules, and
regulations may include, but are not limited to, providing for the control of
traffic, including public and private transportation, within the area or any
section of the area; designation of specific zones within the area in which
occupancy and use of buildings and ingress and egress of persons and vehicles
may be prohibited or regulated; control of places of amusement and assembly and
of persons on public streets and thoroughfares; establishment of a curfew;
control of the sale, transportation, and use of alcoholic beverages and
liquors; and control of the storage, use, and transportation of explosives or
inflammable materials or liquids deemed to be dangerous to public safety.
(2) The orders, rules,
and regulations promulgated under subsection (1) are effective from the date
and in the manner prescribed in the orders, rules, and regulations and shall be
made public as provided in the orders, rules, and regulations. The orders,
rules, and regulations may be amended, modified, or rescinded, in the manner in
which they were promulgated, from time to time by the governor during the
pendency of the emergency, but shall cease to be in effect upon declaration by
the governor that the emergency no longer exists.
(3) Subsection (1) does not authorize the seizure, taking, or confiscation of lawfully possessed firearms, ammunition, or other weapons.